Civil Procedure Notes : Parties

Here are notes for the Chapter Parties. I will keep it simple to understand and separate each types of parties accordingly. Hope it is helpful!

 

Society?

section 9(c) Societies Act 1966 -> applies to REGISTERED societies (*practically need to do search on soceity (ROS) to check its validity*) provides that a society may sue or be sued in the name of such one of its members as the registered public officer and if no public officer appointed, the society may be sued in the name of any of its office bearers. Hence, a society cannot sue or be sued in its own name.

Chin Mee Keong v Pesuruhjaya Sukan -> Court of Appeal held that as an alternative, any office bearers of the society may bring an action against the D.

*DO TAKE NOTE that Civil Procedure questions may not focus on one chapter only and there may be a mix with other chapters in one question!* 

Setting aside the Writ and Statement of Claim -> O.18 r. 19 ROC 2012.

O. 18 r.12 (1A) ROC 2012 -> No party shall quantify any claim or counterclaim for general damages. It is up to the court’s discretion.

 

Sole proprietor?

O.77 r.9 -> A sole proprietor must sue in his own name.

Partnership?

O.77 r.1 -> Partnership may be sued in the name of the partnership firm or partners as individuals.

*It is more advantageous to sue partnership firm for easier service.

 

Company / a body corporate? 

O.5 r.6(2) -> A body corporate may not begin or carry on any proceedings otherwise than by a solicitor. A company must be represented by a solicitor. If not, this defect cannot be cured and the P’s action can be dismissed.

 

Representative action? 

O.15 r.12(1) -> where numerous persons have the same interest in any proceedings.

Palmco Holdings v Sakapp -> held that the P must satisfy 3 requirements :-

  1. The P and those represented by him are members of the same class and interest.
  2. They must have common grievance; and
  3. The nature of relief sought is beneficial to all

Vellasamy Ponnusamy v Gurbachan Singh -> Court of Appeal affirmed decision of High Court and held that non-disclosure of the identities of the other members does not prevent a representative action so long as they satisfy the 3 requirements.

 

Deceased parties?

s.8(1) Civil Law Act 1956 -> on death of D, all causes of action shall survive except defamation, seduction and adultery.

P can only sue the executor after the grant of probate has been extracted (Mohamidu Mohideen v Pitchey) for testacy; OR the administrator after grant of letters of administration has been extracted (Ang Hoi Yin v Sim Sie Hau; O.15 r.6A(1) and (2)).

 

Joinder of parties?

O.15 r.4(1) ; O.15 r.6(2b) ; Hee Awa v Syed Mohamed -> apply to join the other parties

OR

Third party proceedings? -> O.16 r.1,2,4 and 5

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